Advising and representing Elering

19.12.2021 Advising and representing Elering

Advising and representing Elering, who is in charge of issuing green energy state subsidies, in guaranteeing the green energy subsidies are in conformance with all EU state aid rules.

Advising and representing Elering, which oversees issuing green energy state subsidies, in several state aid administrative cases, court proceedings and day-to-day activities, including representing in the European Court of Justice in a preliminary ruling proceeding concerning the payment of renewable energy state aid. The renewable energy support is based on the Estonian Energy Market Act, which implements the European Commission’s decision SA.47354 approving the Estonian RES and CHP state aid schemes. TGS Baltic has represented Elering in administrative court proceedings several times when its decisions regarding these subsidies have been disputed (for example representing Elering in administrative court proceedings initiated by Eesti Energia in which the amount of aid would reach around EUR 250-300 million and also representing Elering in administrative court proceedings initiated by Est Wind Power OÜ). As a significant development in the Est Wind Power administrative court case, the court directed questions to the European Court of Justice for a preliminary ruling and TGS Baltic is representing Elering in these ongoing European Court proceedings. This will set a precedent for all administrative disputes ongoing in national courts in the same matter and will also give invaluable guidance to Estonian authorities on how to implement green energy subsidies in the future.